TMI Blog1985 (10) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... her, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in deleting the addition of Rs. 52,254 added by the Income-tax Officer as the income of the assessee The facts leading to the present reference briefly stated are as follows : The relevant assessment year is 1971-72. The assessee is doing business of manufacturing of spindles and machinery spare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties was prevailing in the market. The Income-tax Officer also learnt from local inquiries that the parties were not available at the addresses given. Certain confessions were also recorded from Shri Mahendrakumar N. Patel, Proprietor of M/s. Alwin Textile Traders, Ahmedabad, and Shri Rasiklal Chandulal Parikh, Proprietor of M/s. Brijesh Engineering Products, Ahmedabad, before the Salestax Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enged the order of assessment in appeal before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner found that the assessee had not been able to produce the parties and, therefore, the burden was not discharged. He also found that the Income-tax Officer had sufficient material to disbelieve the purchase made from the said parties and, therefore, he held that the addition was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were bogus. The Tribunal accordingly, did not sustain the addition retained by the Appellate Assistant Commissioner. Hence, at the instance of the Revenue, the aforesaid question has been referred to this court for opinion. On a perusal of the order of the Tribunal, it clearly appears that whether the said transactions were bogus or not was a question of fact. The Tribunal has also pointed out t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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